JOSEPH O'DELL III
BELOVED HUSBAND OF LORI URS O'DELL
HONORARY CITIZEN OF PALERMO
KILLED BY VIRGINIA USA IN A MERCILESS
AND BRUTAL JUSTICE SYSTEM
B. 9.20.1941 D 7.23.1997 (AP PHOTO published August 1, 1997)
What this means is the if the usually court appointed attorney does not process the case in exactly the right way, no appeals will be allowed. Habeas Corpus is not allowed in such cases either.
This is based on a ruling by the United States Supreme Court which held that once there has been a "procedural default", the states have no obligation to allow appeals and all state and federal habeas corpus petitions are barred as well. The name of that decision is Harris vs. Reed , 489 US 255 (1989).
Even were habeas corpus allowed, it would be of no moment. In no reported case has habeas corpus resulted in the release of a prisoner in Virginia since 1966.
The Supreme Court of Virginia has created a labyrinth of rules which nobody really understands and which were not passed by the state legislature. If any prisoner or his attorney does not follow these obtuse rules exactly, all present and future appeals will be dismissed. One reported instance of this was in Coleman vs. Thompson , 501 US 722 (1991), but most of these decisions are never published. The public never knows what went on in these death penalty cases in the decision to execute a particular individual.
Guilt and Innocence has nothing to do with it. If there has been a procedural default, the man dies in the electric chair, and that's it. Many innocent men have died in the electric chair in Virginia, without ever having had their appeals heard on the merits.
In addition, there is the notorious "21-day rule" of the Virginia Supreme Court which provides that any evidence developed or discovered more than 21 days after a sentence has been passed cannot be used and furthermore that the sentencing judge loses jurisdiction to modify or reduce a sentence after 21 days have passed. This means that even if absolute proof develops that a man is not guilty, such as the case of a man sentenced to death for murder and his murder victim later turns up alive, there still can be no setting aside of the murder conviction and the death sentence. Many men have died in the electric chair this way.
Like the other rules, the judges of the Virginia Supreme Court invented the 21 day rule themselves. The Virginia State Legislature never passed such a rule. Even Stalin and Hitler showed mercy sometimes and granted a reprieve more often than does the Virginia Supreme Court.
The judges of the Virginia Supreme Court are hard core serial killers and murderers, especially Harry L. Carrico, the hard line Chief Justice of the Supreme Court of Virginia, who has been in office since 1961.
It was Justice Carrico who wrote the notorious decision that men and women of opposite races were not allowed to marry each other. (147 SE2d 78). Although this was later overturned by the United States Supreme Court in Loving vs. Virginia , 388 US 1 (1967), Judge Carrico is still sitting, is still a segregationist and had not moderated his views.
I propose that the judges of the Supreme Court of Virginia be tried on capital murder charges. Because they will be tried on mass murder charges, they will not be allowed to get out on bail. We should allow them the same standards of justice and follow the same rules as they have imposed on their innocent victims.
News Report: Joseph O'Dell has been executed - Thousands Protest as Virginia Governor denies new DNA test.
Virginia court orders DNA evidence destroyed in O'Dell case to prevent conviction from being overturned.
Here is a link: William G. Petty, a hard core criminal kidnapper still at large in Virginia
Here are links: